Document for Richard E Swinehart v. David G Mashewske

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                                At a Motion Term of the Supreme Court of
                                                    the State of New York, held in and for the
                                                    County of Seneca, on November 27, 2023.

PRESENT: Hon. Barry L. Porsch

STATE OF NEW YORK
SUPREME COURT                    COUNTY OF SENECA

 RICHARD E. SWINEHART,

                                              Plaintiff,
                                                                   [PROPOSED] ORDER
                           - against -
                                                                     Index No. 20230333
 DAVID G. MASHEWSKE.

                                              Defendant.


        Upon the Summons, dated October 25, 2023; the Notice of Motion for Summary

Judgment in Lieu of Complaint of Plaintiff Richard E Swinehart, dated October 25, 2023; the

Affirmation of Carolyn G. Nussbaum, dated October 25, 2023, and the exhibits thereto; the

Affidavit of Richard E. Swinehart, sworn to October 25, 2023, and the exhibits thereto; and the

Amended Notice of Motion, dated October 25, 2023 and filed October 27, 2023, for entry of

judgment for the payment of principal, interest and fees due and owing under a promissory note;

and

        Plaintiff having effected service upon Defendant David G. Mashewske and having filed

the Affidavit of Service on November 7, 2023; and

        Defendant David G. Mashewske having neither appeared in the action nor having

submitted any opposition, individually or through counsel, to the Motion; and

        The Court having directed that the Motion be heard on submission on November 27,

2023;
          NOW, IT IS HEREBY ORDERED, that Plaintiff’s Motion for Summary Judgment in

Lieu of Complaint is granted; and it is further

          ORDERED, that judgment shall enter in favor of Plaintiff Richard E. Swinehart and

again Defendant David G. Mashewske in the principal amount of $60,0000, together with

interest accrued as of October 25, 2023 in the amount of $10,643.22, and continuing to accrue

from October 26, 2023 through the date of judgment at the per diem rate of $5.87, as well as late

fees in the amount of $1.176.67; along with the costs and expenses of the action.


                                                      SO ORDERED:


                                                      _________________________
                                                      Honorable Barry L. Porsch


ENTER:




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